10th Update 10 a.m. EDT July 14 U.S.A. Daniel Fernandes Rojo Filho, the alleged operator of the $15 million DFRF Enterprises LLC Ponzi- and pyramid scheme sued civilly by the SEC in late June, has been charged criminally with wire fraud and is wanted by the FBI. An arrest warrant has been issued.

Court filings show that the FBI was conducting a parallel criminal probe while the SEC was conducting its civil probe. The FBI filed a criminal complaint under seal on June 25, about five days before the SEC filed its civil complaint under seal.

The SEC announced its civil action on July 2. The complaint tied TelexFree Ponzi- and pyramid figure Sann Rodrigues to Filho. In terms of victims, TelexFree may be the largest Ponzi- and pyramid scheme in U.S. history. Having potentially gathered $1.8 billion, TelexFree may be among the largest Ponzi schemes of all time.

Filho, like Rodrigues, is a citizen of Brazil. Both men have used addresses in Massachusetts and Florida.

Federal prosecutors from the office of U.S. Attorney Carmen M. Ortiz of the District of Massachusetts moved to unseal the criminal complaint on July 8. U.S. Magistrate Judge Jennifer C. Boal lifted the seal on the same day, making the wire-fraud complaint and arrest warrant against Filho a public record.

In a July 10 filing, an SEC investigator said this (italics added):

“I have had several conversations with an FBI agent involved in the investigation and the recently-filed criminal proceeding against defendant Filho. I have been informed that the FBI has been unable to execute the arrest warrant issued for defendant Filho in this matter and that the FBI currently considers defendant Filho a fugitive. (A process server retained by the Commission has made several unsuccessful attempts to serve Filho at his residence.) I have been informed that the FBI is actively searching for Filho and has initiated a border watch.”

Filho is 47 and has an address in Orlando, Fla., according to an FBI affidavit. The SEC complaint gives his place of residence as Winter Garden, Fla., which Wikipedia says is 14 miles west of Orlando in Orange County.

The FBI affidavit alleges the FBI has received complaints about him from multiple individuals and that Filho has at least two co-conspirators.

At the same time, the affidavit alleges that DFRF opened “at least 19 bank accounts at different financial institutions” since 2014 and that Filho “is a signatory” on 17 of the 19 accounts.

Much of the FBI information is similar to the SEC’s allegations against Filho.

From the FBI affidavit (italics added):

Among other things, FILHO and others acting at his direction falsely represented that DFRF owned and operated gold mines in Africa and South America, that any investors’ money was 100% insured, and investors could withdraw their principal investments at any time. FILHO never invested the money as promised; instead, FILHO used the money for other purposes, including his own personal and other business expenses.

In its complaint last month, the SEC alleged that, “[s]ince June 2014, he has siphoned more than $6 million out of DFRF — approximately 40% of the total received from investors. This includes more than $1.8 million in cash withdrawals, approximately $1.8 million for personal expenses (including $500,000 for travel), and almost $2.5 million to acquire a fleet of luxury automobiles.”

The SEC further alleged that Filho caused more than $310,000 to flow to Rodrigues. Rodrigues, who once claimed to have hauled $3 million out of TelexFree, is not referenced in the FBI affidavit.

In December 2014, Filho issued a bad check for $10,000 to a DFRF investor, according to the FBI affidavit.